Opinion
November 13, 1961
Appeal by defendant from an order of the County Court, Queens County, dated February 9, 1961, denying without a hearing, his motion for resentence as a third felony offender under a judgment of the County Court, Queens County, rendered June 17, 1953 upon his plea of guilty, convicting him of robbery in the second degree, and sentencing him, as a fourth felony offender, to serve a term of 15 years to life. For the purposes of this appeal the order has been considered to be one made upon a coram nobis application to vacate the judgment of conviction, such an order being appealable by the defendant (Code Crim. Pro., § 517). Order affirmed. No opinion. Nolan, P.J., Beldock, Ughetta, Christ and Pette, JJ., concur.